(1) As a prescription drug, pursuant to a prescription issued
by a veterinarian or physician licensed within the state; or

(2) To a person who is actively engaged in the legal practice
of animal husbandry of livestock.

(b) Prescriptions issued under this section:

(1) Shall provide for a specified number of refills;

(2) May be issued by any means authorized by the Board of
Pharmacy; and

(3) May be filled by a person other than the veterinarian or
physician issuing the prescription.

(c) A person offering iodine matrix for sale:

(1) Shall store the iodine matrix so that the public does not
have access to the iodine matrix without the direct assistance or
intervention of a retail employee;

(2) Shall keep a record, which may consist of sales receipts
of each person purchasing iodine matrix; and

(3) Shall, if necessary to ascertain the identity of the
purchaser, ask for proof of identification from the purchaser.

(d) A person engaging in a regulated transaction pursuant to
the provisions of subsection (a) of this section shall not possess with intent to distribute or distribute an iodine matrix to a
person who:

(1) Does not present a prescription or is not engaged in
animal husbandry, as required under subsection (a) of this section;
or

(2) Is not excepted under subsection (h) of this section.

(e) Any person who violates subsection (d) of this section is
guilty of a misdemeanor and, upon conviction, shall be fined not
more than ten thousand dollars.

(f) A person shall not:

(1) Possess iodine crystals and/or an iodine matrix without
proof of obtaining the crystals and/or solution in compliance with
subsection (a) of this section; or

(2) Possess with intent to distribute or distribute iodine
crystals and/or an iodine matrix in violation of subsection (a) of
this section.

(g) Any person who violates subsection (f) of this section is
guilty of a misdemeanor and, upon conviction, shall be fined not
more than ten thousand dollars.

(h) The provisions of subdivision (1), subsection (f) of this
section do not apply to:

(1) A public or private regularly established primary or
secondary school or a public or private institution of higher
education that is accredited by a regional or national accrediting
agency recognized by the United States Department of Education;

(2) A veterinarian licensed to practice pursuant to the
provisions of article ten, chapter thirty of this code;

(3) A health care facility; or

(4) A veterinarian, physician, pharmacist, retail distributor,
wholesaler, manufacturer, warehouseman or common carrier, or an
agent of any of these persons, who possesses an iodine matrix in
the regular course of lawful business activities.

(5) The transfer or receipt of any betadine or povidone
solution with an iodine content not exceeding ten percent in
containers of eight ounces or less, or any tincture of iodine not
exceeding two percent in containers of one ounce or less that is
sold over the counter and is employed solely for its intended
common household use.

(i) As used in this section, "iodine matrix" means iodine at
a concentration greater than two percent, by weight, in a matrix or
solution.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.